Luv N' Care v. Koninklijke Philips Electronics N.V. et. al.

8/3/2019 Luv N' Care v. Koninklijke Philips Electronics N.V. et. al.

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UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

MARSHALL DIVISION

LUV N’ CARE, LTD.

Plaintiff,

v.

KONINKLIJKE PHILIPS

ELECTRONICS N.V., PHILIPS

ELECTRONICS NORTH AMERICA

CORPORATION, and AVENT LTD.

Defendants.

Civil Action No.

(JURY TRIAL DEMANDED)

COMPLAINT

Plaintiff Luv n’ care, Ltd., (“Luv n’ care” or “Plaintiff”) by its attorneys,

hereby complain of Defendants Koninklijke Philips Electronics N.V., Philips

Electronics North America Corporation, and Avent Ltd. (collectively,

“Defendants”) as follows:

JURISDICTION AND VENUE

1. This is an action for patent infringement arising under the

Patent Laws of the United States, 35 U.S.C. §101 et seq. This Court has

jurisdiction over the cause of action pursuant to 28 U.S.C. §1331 and 28

U.S.C. §1338.



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2. This action arises from Defendants’ use, sale, offer for sale,

and/or importing of products, and conduct of activities, that infringe

Plaintiff’s patents.

3. Upon information and belief, this Court has personal

jurisdiction over Defendants in that Defendants have engaged in acts

constituting doing business in the State of Texas, including in this judicial

district and have intentionally directed their tortious activities toward the

State of Texas, including this judicial district. Upon information and belief,

Defendants have committed acts of patent infringement in Texas, including

this judicial district, and have delivered the accused products into the stream

of commerce with the expectation that they will be purchased by consumers

in the State of Texas, including this judicial district. Upon information and

belief, Defendants have sold products, including products that are the subject

of this Complaint, to consumers in the State of Texas, including this judicial

district. In addition, consumers in Texas are able to purchase the infringing

products from Defendants’ websites for shipment to Texas.

4. Venue is proper in this Court, pursuant to 28 U.S.C. §§ 1391(b) -

(d) and 28 U.S.C. §1400(b), in that Defendants are corporations subject to

personal jurisdiction within this judicial district and have committed acts of

patent infringement in this judicial district.



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THE PARTIES

5. Plaintiff Luv n’ care is a corporation organized and existing

under the laws of the State of Louisiana having a principal place of business

at 3030 Aurora Avenue, Monroe, Louisiana 71201.

6. Upon information and belief, Defendant Koninklijke Philips

Electronics N.V. (“KPE”) is a corporation organized and existing under the

laws of The Netherlands, having a principal place of business at Breitner

Center, Amstelplein 2, 1096 BC Amsterdam, The Netherlands. Upon

information and belief, KPE manufactures, sells and distributes medical

systems, domestic appliances, consumer electronics, lighting, and other

domestic/household products.

7. Upon information and belief, Defendant Philips Electronics

North America Corporation (“PENA”) is a corporation organized and existing

under the laws of the State of Delaware, having a principal place of business

at 3000 Minuteman Road, Andover, Massachusetts, 01810. Upon

information and belief, PENA manufactures, markets, and distributes

consumer electronics, domestic/household appliances and products, personal

care products, and lighting and medical equipment. Upon information and

belief, PENA is a wholly-owned subsidiary of Defendant KPE.

8. Upon information and belief, Defendant Avent Ltd. (“Avent”) is

a corporation organized and existing under the laws of the United Kingdom,



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having a principal place of business at North London Business Park,

Oakleigh Road South, New Southgate, London, N11 1SS, United Kingdom.

Upon information and belief, Avent manufactures and supplies baby feeding

bottles and equipment, including no-spill drinking cups for children. Upon

information and belief, Avent is a wholly-owned subsidiary of KPE.

FACTS

PLAINTIFF’S PATENTS

9. Mr. Nouri E. Hakim is the inventor of new technology relating to

no-spill drinking cups.

10. Mr. Hakim’s inventions are particularly suited for feeding

children, as children have tendencies to drop or otherwise cause the liquid

inside their drinking cups to spill.

11. Mr. Hakim’s inventions generally relate to two varieties of valve

mechanism positioned inside the spouts of drinking cups. These valves

function in a uniquely effective way that allows liquid flow through the spout

when a child is sucking on the spout, but prevents liquid flow (and spillage)

through the spout when the child is not sucking on the spout. The two

varieties differ generally with respect to the means employed to seal the

valve when a child is not drinking. The details of these inventions are

further expounded in the attachments to this Complaint.



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12. On April 17, 2007, United States Patent No. 7,204,386 B2

entitled “No-Spill Drinking Cup Apparatus” was duly and lawfully issued to

Nouri E. Hakim for his inventions by the United States Patent and

Trademark Office (hereafter “the ‘386 patent”). A copy of the ‘386 patent is

attached as Exhibit 1 hereto.

13. On July 17, 2007, United States Patent No. 7,243,814 B2





14. On September 7, 2010, United States Patent No. 7,789,263 B2





15. On September 7, 2010, United States Patent No. 7,789,264 B2







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16. Additionally, on August 23, 2011, the U.S. Patent Office issued a

Notice of Allowance in Reissue Application No. 11/981,851 filed October 31,

2007 (“the ‘851 application”), which application is a reissue of U.S. Patent No.

6,321,931. A copy of that Notice of Allowance is attached hereto as Exhibit 5.

Both the Notice of Allowance, and the entire file wrapper of the '851

application, including, but not limited to the allowed claims, are further

electronically available online from the U.S. Patent Office as a matter of

public record. As set forth in the public record, Applicant has paid the Issue

Fee in the '851 application and completed all requirements for the patent to

issue. Likewise, the U.S. Patent Office’s online records indicate that on

November 28, 2011 the Patent Office annotated the file as being ready for

issue. Accordingly, it is expected that the '851 application will be issued as a

patent within the next several weeks or months. Plaintiff reserves the right

to amend this Complaint to include infringement causes of action for

infringement of that patent upon its issuance.

17. Plaintiff Luv n’ care is the owner of all right, title and interest in

and to the ‘386 patent, the ‘814 patent, the ‘263 patent, the ‘264 patent

(collectively “the patents”) and the ‘851 application.



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DEFENDANTS’ INFRINGEMENT OF

PLAINTIFF’S PATENTS

18. During the term of the patents, Defendants have manufactured,

offered for sale, sold, used, and/or imported products embodying the patented

inventions of the ‘386 patent, the ‘814 patent, the ‘263 patent, the ‘264 patent,

and engaged in activities infringing the same.

19. Defendants’ infringing products include, but are not limited to,

their entire line of “Magic Cups,” their entire line of “Insulated Cups,” their

entire line of “Fast Flow Spouts,” their entire line of “Hard Spouts,” and their

entire line of “Soft Spouts.”

20. In addition, Defendants have contributed to, actively induced,

and caused further infringement of the patents with its other baby and

childrens’ products as well. Moreover, through Defendant’s infringement of

Plaintiff’s patents, Defendant has obtained revenues, gains, benefits, and

advantages throughout its baby and childrens’ feeding product line,

including, but not limited to, convoyed sales. In particular, all of the drinking

and feeding products in Defendants’ line of baby products are designed for

attachment to infringing tops from the “Magic Cups,” “Insulated Cups,” “Fast

Flow Spouts,” “Hard Spouts,” and “Soft Spouts.” Defendants have advertised

and encouraged consumers to use and interchange infringing tops from the

infringing “Fast Flow Spout” products, “Hard Spout” products and “Soft

Spout” products with all of Defendants’ bottles, cups, and other drinking and



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feeding products, and thereby have further infringed the patents and induced

consumers to do the same.

21. Defendants’ acts have been without license or authority of

Plaintiff.

WILLFUL INFRINGEMENT

22. Defendants’ activities have been deliberate and willful.

23. Defendants are aware of the patents, and have deliberately

chosen to use, sell, and offer for sale, infringing products.

24. Defendants’ actions have caused and are causing irreparable

damage to Plaintiff.

25. Plaintiff has been extensively damaged by Defendants’ bad faith

activities and will continue to be damaged unless Defendants are restrained

and enjoined by this Court.

COUNT I

PATENT INFRINGEMENT

(35 U.S.C. §101 et seq.)

26. Plaintiff repeats and re-allege each and every allegation

contained in paragraphs 1 through 25 as if fully set forth herein.

27. This claim arises under 35 U.S.C. §101 et seq.

28. This Court has jurisdiction over this claim pursuant to 28 U.S.C.

§ 1331.



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29. Defendants’ acts constitute infringement of the ‘562 patent, the

‘386 patent, the ‘814 patent, the ‘263 patent, and of the ‘264 patent, under 35

U.S.C. §271.

30. Defendants’ acts of infringement were and are with knowledge

of the patents.

31. Defendants’ acts of infringement were and are willful and

deliberate.

32. Defendants have profited from their infringing activities.

33. As a result of Defendants’ conduct, Plaintiff has been

substantially harmed, has suffered actual damages, has suffered lost profits,

and has been forced to retain legal counsel and pay costs of court to bring this

action.

DAMAGES

34. Plaintiff is being irreparably harmed by Defendants’ infringing

activities, and has no adequate remedy at law.

35. Plaintiff has been extensively damaged by Defendants’ patent

infringement in an amount to be determined by a jury and this Court.

36. Plaintiff seeks damages as a result of Defendants’ infringement

which include, but are not limited to: Plaintiff’s lost sales, lost profits and

damage to its reputation and good will, and/or disgorgement of Defendants’



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revenues and profits, from Defendants’ sales of infringing products,

replacement parts thereof and associated parts thereof, from convoyed sales,

and from all other drinking and feeding products sold by Defendants and

activities engaged in by Defendants, that directly infringe, constitute

contributory infringement of, and/or induce infringement of, Plaintiffs’

patents.

37. Plaintiff requests that this honorable Court assess enhanced

damages against Defendants in the fullest amount permissible by law, in

view of the willful, egregious, malicious, and extensive nature of Defendants’

bad faith activities complained of herein, and in view of the numerous

violations, the willful nature of the violations, and the significant damage to

Plaintiff, as set forth above.

JURY TRIAL DEMAND

38. Pursuant to Rule 38, Fed. R. Civ. P. Plaintiff hereby demands a

trial by jury on all issues set forth herein that are properly triable to a jury.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff Luv n’ care respectfully requests that the

Court, upon final hearing of this matter, grant the following relief against

Defendants:



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A. That Defendants be adjudged to have engaged in patent

infringement, contributory patent infringement, and active

inducement of patent infringement of Luv n’ care’s rights under

United States Patent 7,204,386 B2 (“the ‘386 patent”), under

United States Patent No. 7,243,814 B2 (“the ‘814 patent”), under

United States Patent No. 7,789,263 B2 (“the ‘263 patent), and

under United States Patent No. 7,789,264 B2 (“the ‘264 patent”)

(collectively “the patents”) under 35 U.S.C. §101 et seq.;

B. That the ‘386 patent, the ‘814 patent, the ‘263 patent and the

‘264 patent were duly and legally issued by the U.S. Patent

Office, and are valid and enforceable;

C. That each of Defendants, its officers, agents, servants,

employees, representatives, distributors and all persons in

concert or participation with Defendants be enjoined pursuant to

35 U.S.C. §283 from engaging in any activities which infringe

Plaintiff’s rights in the patents under 35 U.S.C. §271;

D. That each of Defendants, its officers, agents, servants,

employees, representatives, distributors, and all persons in

concert or participation with them be enjoined pursuant to 35

U.S.C. §283 from making, using, importing, exporting, offering

for sale and selling any products and activities which directly



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infringe, constitute contributory infringement, or induce

infringement, of the patents under 35 U.S.C. §271;

E. That each of the Defendants be directed to file with this Court

and serve on Plaintiff within thirty (30) days after service of the

injunction, a report in writing, under oath, setting forth in detail

the manner and form in which the Defendants have complied

with the injunction;

F. That Defendants be required to account for and pay over to

Plaintiff any and all revenues and profits derived by them and

all damages sustained by Plaintiff by reason of the acts

complained of in this Complaint, including an assessment of

interest on the damages so computed, and that the damages be

trebled pursuant to 35 U.S.C. §284, and all other applicable law;

G. That Defendants be required to account for and pay over to

Plaintiff such actual damages as Plaintiff has sustained as a

consequence of Defendants’ infringement, contributory

infringement, and active inducement of infringement of the

patents, and that the damages relating to patent infringement

be trebled pursuant to 35 U.S.C. §284, and to account for and

pay to Plaintiff all of Defendants’ gains, revenues, profits and

advantages attributable to or derived by Defendants’



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infringement, contributory infringement, and active inducement

of infringement of the patents;

H. That each such award of damages be enhanced to the maximum

available for each infringement in view of each of Defendants’

willful infringement of Plaintiff’s rights;

I. That each of the Defendants be required to deliver up for

impoundment during the pendency of this action, and for

destruction thereafter, all copies of the infringing materials in

its possession or under its control and all materials, including

molds and master models, used for making same;

J. That Plaintiff be awarded punitive or exemplary damages

because of the egregious, malicious, and tortious conduct of

Defendants complained of herein;

K. That Plaintiff recover the costs of this action including its

expenses and reasonable attorney's fees pursuant to 35 U.S.C.

§285 and all further applicable law, because of the deliberate

and willful nature of the infringing activities of Defendants

sought to be enjoined hereby, which make this an exceptional

case warranting such award;

L. That Plaintiff be awarded pre-judgment and post-judgment

interest;



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M. That Plaintiff obtain all further relief permitted under the laws

of the United States and the State of Texas; and,

N. That Plaintiff obtain all such other and further relief as the

Court may deem just and equitable.

Dated: December 12, 2011 /s/ Morris E. Cohen

Morris E. Cohen (Member of the Bar,

E.D. Texas)

Lee A. Goldberg (for pro hac vice)

GOLDBERG COHEN LLP

1350 Avenue of the Americas, 4th Floor

New York, New York 10019

(646) 380-2087 (phone)

(646) 514-2123 (fax)

[email protected]

[email protected]

Of Counsel:

Joe D. Guerriero (Member of the Bar,

E.D. Texas)

Luv n’ care, Ltd.

3030 Aurora AvenueMonroe, Louisiana 71201

318-338-3603 (phone)

318-388-5892 (fax)

[email protected]

Attorneys for Plaintiff

Luv n’ care, Ltd.

Luv N' Care v. Koninklijke Philips Electronics N.V. et. al.

Documents

Transcript of Luv N' Care v. Koninklijke Philips Electronics N.V. et. al.